With 2025 around the corner, companies doing business in Brazil must pay attention to the following sensitive legal aspects:
1. Contracts with key local and international partners: It is essential to identify, within the company’s organizational structure, who its key partners are. Who are those who drive and make a difference in the business? Does the company have a contractual relationship with this partner? Is this relationship clear and objective? Is the remuneration divided into dividends? Is there exclusivity? Is there a provision for non-competition in the event of termination of this relationship? Do confidentiality obligations protect all sensitive information and relationships? These are just some of the issues that need to be formalized to ensure the success of any partnership.
2. Obtaining software licenses: Given the increasing dependence on technological resources for the company’s operation, it is necessary to have security and certainty that the resources being used are adequately protected. This verification involves not only obtaining and regularizing software and program licenses, but also the legitimacy of those who claim to be the owners of these systems. The Assignment of Use of any system must be verified, and the entire chain of stakeholders must be regular.
3. Trademark and patent registration: After developing a brand or product, it is essential that the appropriate registrations are made. The procedures are specific and objective, but granting them can take time. Therefore, agility at the beginning of the process is essential, thus avoiding unnecessary exposure of the business and its products.
4. Shareholders agreement: A strong and objective partners/shareholders agreement protects all partners in a company. It is also a document that demonstrates seriousness and organization, and is important to present to investors. The agreement must be widely discussed and negotiated between partners and shareholders, and should be made, mainly, at a time when the relationship between all parties is free of disagreements. Here, the business management premises must be established, including, but not limited to, issues related to the increase in the company’s capital, sale of shares, entry and exit of partners, management of the company, succession, and non-compete.
5. Corporate Governance Plan: This is the time to reassess corporate governance, ethics and compliance policies – which includes creating or reviewing codes of conduct, information security policies, fraud prevention and other guidelines that ensure good company management.
Likewise, it is important to carry out a risk analysis to identify legal, operational and financial vulnerabilities, creating or adjusting contingency plans.